Smith v. Cedar Falls & Minnesota R. R.
Supreme Court of Iowa
Appeal from- Dubuque District Cowrt. Action at law. — Tbe plaintiff’s petition alleges, “ that in the summer of the year 1866, defendant, having it in contemplation to extend its road from Waverly to the Minnesota State line, agreed with plaintiff that if he would procure donations to aid such extension, and would also superintend the obtaining of the right of way for such extension, that it would allow and pay to him two-fifths in value and kind of all such donations, and…
Read the full summary
Appeal from- Dubuque District Cowrt. Action at law. — Tbe plaintiff’s petition alleges, “ that in the summer of the year 1866, defendant, having it in contemplation to extend its road from Waverly to the Minnesota State line, agreed with plaintiff that if he would procure donations to aid such extension, and would also superintend the obtaining of the right of way for such extension, that it would allow and pay to him two-fifths in value and kind of all such donations, and actual cash expenses, and that it would complete its road to Nashua by January 1, 1868, and to Charles City within one…
1Opinion of the CourtBeck, J.
The several grounds of plaintiff’s objections to the ruling of the district court will be considered in the order in which they appear in his brief.
*239i practice • wa?verrof :ruiingon. I. Upon the trial plaintiff offered to prove that the contract under which a part of the donations were obtained by was ora^ ^rom ^7; 1866, until the date written contract upon which the action ig brought. To this evidence defendant objected, because the petition was based upon a written contract, and no evidence could be received to support a claim founded upon an oral contract, and because such evidence would…
2Cases cited1 opinion
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
3Cited by5 opinions
- Arkansas Valley Town & Land Co. v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1915
- Atlas Brewing Co. v. HuffmanSupreme Court of Iowa · 1934
- Hess v. Iowa Light, Heat & Power Co.Supreme Court of Iowa · 1928
- Bird v. PhillipsSupreme Court of Iowa · 1901
- Philips v. HosfordSupreme Court of Iowa · 1872